Mandeep Gupta, v. State Of Chhattisgarh,
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7990 of 2020 • Mandeep Gupta, S/o Mahesh Sahu, Aged About 25 Years Occupation Labour, R/o Village Bouripara, Police Station Ambikapur, District Surguja Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh, Through The Station House Officer, Police Station Ambikapur, District Surguja Chhattisgarh.
---- Respondent ___________________________________________________________________ For Applicant/s :
Mr. Jitendra Shrivastava, Advocate.
For State :
Ms. Fouzia Mirza, Additional A.G.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/01/2021 Heard.
1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.656/2020 registered at Police Station- Ambikapur, District- Surguja, C.G. for the alleged commission of offence under Sections 457, 380, 411 & 34 of IPC.
2. Prosecution case is that the applicant committed theft by entering the house in the night and it is alleged that goods of valuation of Rs.1,50,000/- were stolen.
3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case and he has not committed any such offence. He would submit that investigation is complete, charge sheet has been filed and the applicant is in jail since 19.10.2020, therefore, at this stage, the applicant may be granted bail.
4. On the other hand, learned State Counsel opposes and submits that a prima facie case is made out against the present applicant on the basis of recovery of stolen articles.
5. Taking into consideration the submissions of learned counsel for the parties,
particularly taking into consideration the valuation of alleged stolen articles and there is no previous commission of similar offence and further that the applicant is in jail since 19.10.2020, investigation is complete, charge sheet has been filed and the applicant is not likely to abscond, at this stage, I am inclined to grant bail to the applicant.
6. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties of the like amount to the satisfaction of the Trial Court on the condition thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) He shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.
Sd/- (Manindra Mohan Shrivastava) Judge Ravi